PUBLIC OFFER AGREEMENT

(version is valid since August 6, 2024)

Management of the website located at the address on the Internet: https://frgmnt.agency (hereinafter – the “Website”), provision of services and performance of works, the list of which is posted on the Website (hereinafter – the “Services / Works”) is carried out by LLC FRAGMENT AGENCY, what is registered and acts in accordance with the requirements of the legislation of Ukraine (hereinafter – the “Contractor”).

This public offer agreement on provision of information and consultancy services is posted in electronic form on the Website is a public offer agreement according to Art. 633 of the Civil Code of Ukraine, and the accession agreement according to Art. 634 of the Civil Code of Ukraine.

By ordering / using services / works posted on the Website the User agrees to the terms set forth in this Agreement. In case of disagreement with the terms of this Agreement, the User is obliged to immediately stop using the Website and leave it.

1. PREAMBLE

This Agreement is considered concluded (enters into force) in electronic form, in accordance with the Law of Ukraine “On Electronic Commerce” from the moment of unconditional and full acceptance (approval) by the User of the terms of this Agreement, filling in and submitting to the Contractor the relevant electronic form of notification of acceptance of the Agreement.
1.2. By accepting this Agreement, the User hereby confirms that:
1.2.1. the User leaves complete, correct and relevant information;
1.2.2. the User is an adult and has full legal capacity;
1.2.3. the User has received an electronic copy of this Agreement in a form that makes it impossible to change its content, fully familiar with the terms of this Agreement, has no reservations or objections to the terms of the Agreement and undertakes to properly fulfill its obligations under this agreement.
1.3. This Agreement is concluded without the signing of written copies of the Agreement by the Parties.
1.4. This Agreement, concluded in compliance with the above conditions, is considered equivalent in legal consequences to an Agreement concluded in writing.

2. MAIN DEFINITIONS

2.1. Acceptance – is a full and unconditional acceptance by the User, Customer, Visitor of the Website of all terms of the Agreement without any exceptions and / or reservations, which is equivalent to the conclusion of a bilateral written agreement.
2.2. Agreement – is a document published on the Website on the Internet, which regulates the relationship between Users, Customers, Website Visitors and the Contractor.
2.3. Contractor – is LLC FRAGMENT AGENCY and / or its authorized persons who exercise control over the Website and offer and provide with an unlimited number of persons (Users) services that are posted on the Website.
2.4. Customer – is the User who has accepted this Agreement and the Order and is the obtainer (customer) of the Services / Works under the Main Agreement.
2.5. Hereinafter in the text of the Agreement, the Customer and the Contractor are also referred to as the “Parties” together, and each separately as the “Party”.
2.6. Main Agreement – is an agreement for the provision of services and performance of works, which is concluded separately between the Customer and the Contractor, and according to which the Contractor undertakes to perform the Works and / or provide the Customer with the Services in accordance with the terms of such agreement, the terms of reference and additional agreements to such agreement, which are its integral parts.
2.7. Order – is a duly executed request of the Customer for the purchase of the selected Services and Works on the Website.
2.8. Services / Works – is a list of the Contractor’s services and works specified on the Website.
2.9. User – is a person who has access to the Website and uses it via the Internet, accepts the terms of this Agreement, and intends to place an Order.
2.10. Website – is a website owned by the Contractor and having an address on the Internet https://frgmnt.agency through which the User has the opportunity to purchase and receive a desired Services.
2.11. Website Visitor – is a person who enters the Website without the purpose of receiving the Contractor’s services.
2.12. Other terms not defined in the “Main Definitions” clause may be used in this Agreement. In this case the interpretation of the terminology used in the Agreement and Main Agreement shall be in accordance with the text of these agreements. In the absence of an unambiguous interpretation of terminology in the text of the agreements, should be guided by the interpretation of concepts: firstly – in the materials posted on the Website, secondly – the interpretation and definition of concepts formed on the Internet.

3. SUBJECT MATTER OF THE AGREEMENT

3.1. This Agreement, as well as information about the Services / Works presented on the Website, is a public offer in accordance with Art. 633 of the Civil Code of Ukraine and the accession agreement according to Art. 634 of the Civil Code of Ukraine.
3.2. The subject of this Agreement is the paid provision / performing of Services / Works to the Customer on the terms and conditions determined by the Parties.
3.3 The Contractor has the right to engage any number of legal entities and / or individuals – subcontractors to perform the Works and provide the Services, remaining responsible to the Customer for the provision of services / performance of works and violation of the terms of the Agreement / Main Agreement in full.

4. PROCEDURE FOR PROVISION OF SERVICES / PERFORMING OF WORKS

4.1. Upon the Customer’s Order, the Contractor undertakes to perform the Works and / or provide the Services, and the Customer undertakes to accept and pay the Contractor for these Services / Works in accordance with the terms of the Main Agreement.
4.2. The Contractor, at its sole discretion, determines and places on the Website various variations of the complex of Services and Works, which may differ in scope, content, terms and cost.
4.3. The list of Services / Works, their procedure for provision / performance, as well as their cost and other essential terms are determined by the Parties in the Main Agreement, as well as additional agreements, specifications, terms of reference to such agreement.
4.4. Acceptance of the terms of the Agreement means full and unconditional acceptance by the Customer of all the terms of the Agreement, without any exceptions and / or limitations, and is tantamount to the conclusion of a bilateral written agreement with the Contractor for the provision of services / performance of works.
4.5. The Agreement shall be deemed concluded and shall enter into force from the moment of acceptance and shall be valid for the entire period of receipt of services / works, or until termination on the grounds specified in the terms of the Agreement and / or the norms of the current legislation of Ukraine.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Contractor undertakes to:
5.1.1. provide the Services / perform the Works for the Customer in a timely manner and in full;
5.1.2. keep confidential any personal and / or confidential information received from the Customer during the provision of Services under the Agreement and the Main Agreement, in accordance with the Privacy and Personal Data Protection Policy posted on the Website;
5.1.3. comply with the requirements of the legislation of Ukraine, including concerning the processing, transfer and protection of personal data of users and customers.
5.2. The Contractor has the right to:
5.2.1. make changes and / or additions to the terms of the Agreement unilaterally without any special notice to the User about making such changes and / or additions;
5.2.2. process personal data of the User during the conclusion and execution of this Agreement, as well as enter them into its own personal database in the manner prescribed by current legislation of Ukraine on the basis of consent given by the User;
5.2.3. reject the application for registration from any User, in case of violation by this User of the terms of the Agreement, including in accordance with the procedure for registration;
5.2.4. change the technical characteristics and parameters of software and hardware used to provide Services, including with temporary suspension of services;
5.2.5. to change unilaterally the content of the closed section of the Website, the form of feedback and other consultations, as well as to change and supplement the content of information for the Customer;
5.2.6. to involve third parties to fulfill their obligations under the Agreement;
5.2.7. receive remuneration for the provision of Services in accordance with the terms of this Agreement;
5.2.8. at its own discretion to delete the information posted on the Website and take measures to terminate/suspend access to the Website of the User, which violates the rules of this Agreement;
5.2.9. unilaterally terminate this Agreement in the cases and in the manner prescribed by this Agreement;
5.2.10. to demand from the User compensation for the damage caused by the User’s actions.

5.3. The Customer undertakes to:
5.3.1. use the Services in accordance with the terms of this Agreement;
5.3.2. pay for the Services on the terms and conditions of this Agreement;
5.3.3. show respect to the Contractor, other Users and Customers;
5.3.4. not to transfer in any way to third parties access to the materials of the Contractor’s courses, to ensure complete confidentiality;
5.3.5. accept the terms, comply with all amendments and changes made by the Contractor to this Agreement;
5.3.6. get acquainted with the current version of this Agreement every time he / she visits the Website before using the services of the Website;
5.3.7 get acquainted with the methods and conditions of payment for the Services preliminarily, before registration;
5.3.8. get acquainted with the content, conditions of registration, and the procedure for providing Services, as well as with additional requirements. If the User does not fully understand any of the terms of the Services, including the payment procedure, the User undertakes to clarify these terms;
5.3.9. in case of disagreement of the User with this Agreement or changes, the User is obliged to refuse to use the Website.

5.4. The Customer is prohibited:
5.4.1. to incite religious, racial or ethnic hatred;
5.4.2. to commit acts that violate the rights and freedoms, honor and dignity of any person;
5.4.3. use obscene language, even if it is masked by other symbols;
5.4.4. to provoke a “verbal war” that has nothing to do with the primary cause of the dispute;
5.4.5. take actions aimed at misleading other users;
5.4.6. use any computer programs for automated collection of information on the Website;
5.4.7. to carry out illegal collection, systematization, storage or distribution of personal data of other users;
5.4.8. to place computer viruses or programs that can interrupt or disrupt the normal functionality of computer equipment and software, as well as telecommunications of any person;
5.4.9. to perform other actions prohibited by this Agreement.

5.5. The Customer has the right to:
5.5.1. receive from the Contractor information on issues related to the organization and ensuring the proper performance of the Services provided for in this Agreement;
5.5.2. when ordering the Services to provide the Contractor by filling out forms or provide optional relevant and truthful information in any form on the Website, necessary to communicate with the Customer in the provision of services under this Agreement, namely: name and surname, contact phone number, other information;
5.5.3. use the received services exclusively for own use.

6. RESPONSIBILITY AND DISPUTE RESOLUTION PROCEDURE

6.1. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the current legislation of Ukraine, taking into account the features established by the Agreement.
6.2. The Contractor makes every effort to ensure the accuracy and reliability of the information displayed on the Website. In this case, the Contractor is not responsible for any errors and inaccuracies that may be found in the materials of the Website.
6.3. The Contractor shall not be liable to the User for non-performance or improper performance of obligations under this Agreement, if it arose as a result of force majeure, namely: fire, natural disaster, hostilities, riots, epidemics, blockades, strikes, earthquakes, floods, as well as through decisions or instructions of public authorities and local self-government bodies, as a result of which additional obligations or additional restrictions will be imposed on the parties and which make further full or partial implementation of the Agreement impossible, as well as other actions or events against the will of the Parties, including improper performance or delay in performance of duties by state bodies and their structural subdivisions, as well as enterprises regardless of the form of ownership, the activities of which involve the performance of their obligations and provision of services by the Contractor.
6.4. The Parties are aware that because of failure of the Website, virus or hacker attack, technical malfunctions, and other force majeure, the User’s data may become available to others. The User understands and agrees not to make a claim against the Contractor in this regard.
6.5. In the event of non-performance or improper performance of obligations under this Agreement, the Party whose rights have been violated shall send a written request to the other Party.
6.6. All requests of the Customer to the Contractor for the provision of Services must be sent by the Customer to the e-mail address of the Contractor specified in this Agreement, in the form of scanned and signed with electronic digital signature requirements, with mandatory further sending the original in this Agreement. In case of violation of the procedure and conditions of sending such a request by the Customer, the latter is considered to have been sent improperly and does not create any legal consequences for the Contractor.
6.7. The Party whose right has been violated has the right to file a lawsuit in the manner prescribed by the legislation of Ukraine.

7. LINKS TO THIRD PARTY WEBSITES

The Website may contain links to third-party websites or services that are not owned or controlled by the Contractor.
7.2. A description of or reference to a third party product or service (including, but not limited to, the provision of a description or reference through a hyperlink) shall not be deemed to be an endorsement or promotion of such third party products or services by the Contractor. The Contractor reserves the sole right to add, change or cancel the availability of any third-party service.
7.3. The Contractor does not control and is not responsible for the content, privacy policies or actions of any third-party websites or services. The Contractor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services on or available on or through any such websites or services. The Customer, the User shall be fully responsible for all acts or omissions of any third party.

8. EFFECT OF THE AGREEMENT AND OTHER CONDITIONS

8.1. This Agreement shall enter into force upon acceptance of the offer by the Buyer and shall remain in force until the Parties have fully fulfilled their obligations.
8.2. The Agreement may be terminated between the Parties in the manner prescribed by current legislation of Ukraine, as well as:
8.2.1. unilaterally on the initiative of the Contractor if the Customer has violated the terms of this Agreement.
8.3. The Contractor has the right to make changes to this Agreement without the consent and notification of the Customer.
8.4. The new version of this Agreement shall enter into force upon its posting on the Website, unless otherwise provided by the new version of the Agreement.
8.5. This Agreement shall apply in accordance with the legislation of Ukraine. Any disputes concerning the implementation of this Agreement will be resolved by the relevant court in the manner prescribed by legislation of Ukraine.
8.6. Correspondence should be made to the following e-mail address: frgmnt.agency@gmail.com.
8.7. All issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.

9. DETAILS OF THE CONTRACTOR

Limited Liability Company “FRAGMENT AGENCY”
28, Fizkultury St., Kyiv, 03150, Ukraine
Identification code: 44643306
Means of communication: e-mail address: frgmnt.agency@gmail.com